YZ & Anor, R. v

YZ & Anor, R. v

The sentences, though lenient, were not unduly lenient as the judge properly considered all relevant factors, applied the sentencing guidelines, and did not fall into gross error; therefore, the sentences were within the permissible range.

Parties
Prosecution: Regina; 1st Offender: YZ; 2nd Offender: Andrew Barker
Jurisdiction
England and Wales
Judgment Date
19 March 2019
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
reference dismissed; sentences not interfered with
Legal Topics
Unduly Lenient Sentence, Sexual Offences, Child Abuse, Sentencing Guidelines, Money Laundering
Criminal Law Unduly Lenient Sentence Sexual Offences Child Abuse Sentencing Guidelines Money Laundering

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Parties

Regina

Prosecution

YZ

1st Offender

Andrew Barker

2nd Offender

Procedural Posture

Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed on YZ and Andrew Barker were unduly lenient
  2. 2 Appropriate application of sentencing guidelines for sexual offences involving a child under 13
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The sentences, though lenient, were not unduly lenient as the judge properly considered all relevant factors, applied the sentencing guidelines, and did not fall into gross error; therefore, the sentences were within the permissible range.

Court Disposition

reference dismissed; sentences not interfered with

Orders

  • Court record and respondents’ records of convictions to be amended to remove count 3.
  • Victim surcharge order against Barker quashed.